Wednesday, June 8, 2011

Former Education Department attorney Hans Bader is the most cogent voice for the presumptively innocent accused of sexual harassment on campus in the wake of the Education Department's April 4 directive. His latest piece explains, with irrefutable logic, why the April 4 directive's strong discouragement of cross-examination severely curtails the accused's right to a fair hearing:

As part of its broader attack on safeguards against false accusations, the federal Education Department is urging colleges to strip students and faculty of the right to cross-examine their accusers in disciplinary proceedings over alleged sexual harassment. In an April 4 letter from Assistant Secretary for Civil Rights Russlynn Ali, the Education Department said that it “strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing.”